To amend the Peace Corps Act to require sexual assault
risk-reduction and response training, the development of sexual assault
protocol and guidelines, the establishment of victims advocates, the
establishment of a Sexual Assault Advisory Council, and for other
purposes.

1.

Short title

This Act may be cited as the Kate
Puzey Peace Corps Volunteer Protection Act of 2011.

2.

Peace Corps
volunteer protection

The Peace
Corps Act is amended by inserting after section 8 (22 U.S.C. 2507) the
following new sections:

8A.

Sexual assault risk-reduction and response
training

(a)

In
general

As part of the
training provided to all volunteers under section 8(a), the Director of the
Peace Corps shall develop and implement comprehensive sexual assault
risk-reduction and response training that conforms to best practices in the
sexual assault field as appropriate for first responders and other
staff.

(b)

Development and
consultation with experts

In developing the sexual assault
risk-reduction and response training under subsection (a), the Director of the
Peace Corps shall consult with and incorporate, as appropriate, the
recommendations and views of experts in the sexual assault field.

(c)

Subsequent
training

Once a trainee has
arrived in such trainee’s country of service, the Director of the Peace Corps
shall provide such trainee with training tailored to such country, including
cultural training relating to gender relations, risk-reduction strategies, a
safety plan in the event of an assault, treatment available in such country
(such as forensic rape exams, PEP for HIV exposure, STD screening, and
pregnancy testing), MedEvac procedures, and information regarding the legal
process for pressing charges against an attacker.

(d)

Historical
analysis

The Director of the
Peace Corps shall provide each applicant for enrollment with a historical
analysis of crimes and risks against volunteers in the country in which the
applicant has been invited to serve.

(e)

Contact
information

The Director of the Peace Corps shall provide each
trainee, before each such trainee enrolls as a volunteer, with—

(1)

the contact information of the Inspector
General of the Peace Corps for purposes of reporting violations of the sexual
assault protocol under section 8B or any other criminal or administrative
wrongdoing by volunteers, personnel (including experts and consultants), or
other individuals (including contractors) who do business with the Peace Corps;
and

(2)

clear, written
guidelines regarding whom to contact, including the direct telephone number for
a victim advocate and what steps to take in the event of a sexual
assault.

(f)

Definitions

In this section and sections 8B through
8G:

(1)

Assault

(A)

In
general

The term
assault means an act that—

(i)

creates an
apprehension in an individual of an imminent, harmful, or offensive contact;
or

(ii)

is a harmful or
offensive touching.

(B)

Inclusion

The
term assault includes stalking and sexual assault.

(2)

Sexual
assault

The term
sexual assault means any conduct described in chapter 109A of
title 18, United States Code, relating to aggravated sexual abuse, sexual
abuse, and sexual contact, whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the United States, and includes both
assaults committed by offenders who are strangers to the victim and assaults
committed by offenders who are known or related by blood or marriage to the
victim.

(3)

Stalking

The term stalking means
engaging in a course of conduct directed at a specific person that would cause
a reasonable person to—

In developing the
sexual assault policy under subsection (a), the Director of the Peace Corps
shall consult with and incorporate, as appropriate, the recommendations and
views of experts in the sexual assault field.

(c)

Elements

The sexual
assault protocol and guidelines developed under subsection (a) shall include,
at a minimum, the following services with respect to a volunteer who has been a
victim of sexual assault:

(1)

Protection of such volunteer’s
confidentiality.

(2)

Provision of a victim’s advocate to
such volunteer.

(3)

Provision of a sexual assault
forensic evidence kit to such volunteer upon request.

(4)

Provision of emergency health care to
such volunteer, including, to the greatest extent practicable, a choice of
medical providers and a mechanism for such volunteer to evaluate such
provider.

(5)

Provision of counseling and
psychiatric medication.

(6)

Completion of a safety and treatment
plan with such volunteer.

(7)

Evacuation of such volunteer,
accompanied by a Peace Corps staffer at the request of such volunteer.

(8)

An explanation to such volunteer of
available law enforcement, prosecutorial options, and legal
representation.

(d)

Distribution and
training

The Director of the
Peace Corps shall distribute to and train all in-country staff regarding the
sexual assault protocol and guidelines developed under subsection (a).

(e)

Removal and assessment and
evaluation

(1)

In general

If a volunteer feels at risk of imminent
bodily harm and requests removal from the site in which such volunteer is
serving, the Director of the Peace Corps shall, as expeditiously as practical
after receiving such request, remove such volunteer from such site. If the
Director of the Peace Corps receives such a request, the Director of the Peace
Corps shall assess and evaluate the safety of such site and may not assign
another volunteer to such site until such time as such assessment and
evaluation is complete and such site has been determined to be safe.

(2)

Determination of site as
unsafe

Volunteers may remain
at a site during an assessment and evaluation under paragraph (1). If the
Director the Peace Corps determines that a site is unsafe, the Director of the
Peace Corps shall, as expeditiously as practical, remove all volunteers from
such site.

(f)

Sexual assault response
teams

The Director of the
Peace Corps shall establish sexual assault response teams, including Safety and
Security Officers, medical staff, and a victim advocate, that can respond to
reports of sexual assault against a volunteer.

(g)

Case review

The Director of the Peace Corps shall
conduct case reviews of a statistically significant number of cases on a
quarterly basis to determine if proper procedures were followed in accordance
with the sexual assault protocols and guidelines developed under subsection (a)
and including the elements specified in subsection (c).

(h)

Tracking and
recording

The Director of the
Peace Corps shall establish a global tracking and recording system to track and
record incidents of assault against volunteers.

(i)

Prohibition on combining
incidents

The Director of the Peace Corps may not combine into
one incident for purposes of tracking and recording under subsection (h)
reports by different volunteers of assault against such volunteers even if such
assaults were committed by one individual against such volunteers at any one
time.

(j)

Alternative systems

The Director of the Peace Corps shall
establish an alternative reporting system and hotline access system through
which volunteers who are victims of assault can report and receive support on
an anonymous basis. Such alternative systems shall be published in the
Volunteer Handbook.

8C.

Victims advocates

(a)

Victims
advocates

(1)

In general

The Director of the Peace Corps shall
assign a certified victims advocate in Peace Corps headquarters who shall
report directly to the Director. The Director of the Peace Corps shall assign
not fewer than three additional certified victims advocates to assist such
victims advocate. Such additional victims advocates shall have regional
expertise and may be posted abroad if such victims advocate determines that
such is necessary.

(2)

Prohibition

Peace
Corps Medical Officers, Safety and Security Officers, and program staff may not
serve as victims advocates. The victims advocate and additional victims
advocates may not have any other duties in the Peace Corps.

(3)

Exemption

The victims
advocate and additional victims advocates shall be exempt from the five year
rule on appointments and assignments under section 7.

(b)

Responsibilities

The victims advocate and additional victims
advocates shall help develop and implement the sexual assault risk-reduction
and response training described in section 8A and the sexual assault protocol
and guidelines described in section 8B and ensure such training and such
protocol and guidelines are being properly updated and followed. The victims
advocate and additional victims advocates shall assist volunteers who are
victims of assault by making such victims aware of the services specified in
section 8B(c) available to them and facilitating their access to such
services.

(c)

Status
updates

The victims advocate and additional victims advocates
shall provide to volunteers who are victims of assault regular updates on the
status of their cases if such volunteers have opted to pursue
prosecution.

(d)

Transition

A
victims advocate who is working with a volunteer who is a victim of assault and
who relocates back to the United States shall assist such volunteer to receive
the services specified in section 8B(c) required by such volunteer, including
through the duration of the claim with the Department of Labor, even after such
volunteer is medically separated.

8D.

Establishment of Sexual Assault
Advisory Council

(a)

Establishment

There
is established in the Peace Corps a Sexual Assault Advisory Council (in this
section referred to as the Council).

(b)

Membership

The
Council shall be composed of individuals selected by the Director of the Peace
Corps who are returned volunteers (including volunteers who were victims of
sexual assault and volunteers who were not victims of sexual assault) and
governmental and nongovernmental experts and professionals in the sexual
assault field.

(c)

Functions;
Meetings

The Council shall
meet not less often than annually to review the sexual assault risk-reduction
and response training developed under section 8A, sexual assault policy
developed under section 8B, and the confidentiality policy developed under
section 8F to ensure that such training and policies conform to best practices
in the sexual assault field.

(d)

Reports

The
Council shall annually submit to the Director of the Peace Corps and the
Committee on Foreign Affairs and the Committee on Appropriations of the House
of Representatives and Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report on its findings based on the reviews
conducted pursuant to subsection (c).

(e)

Federal
employees

Members of the Council shall not be considered Federal
employees for any purpose and shall not receive compensation other than
reimbursement of travel expenses and per diem allowance.

Not later than one
year after the date of the enactment of this section, the Director of the Peace
Corps shall establish goals, metrics, and monitoring and evaluation plans for
all Peace Corps programs and Country Directors. Monitoring and evaluation plans
shall incorporate best practices from monitoring and evaluation studies and
analyses.

(b)

Annual volunteer
surveys

The Director of the Peace Corps shall annually conduct a
confidential survey of volunteers regarding the effectiveness of Peace Corps
programs and staff and the safety of volunteers.

(c)

Peace Corps
Inspector General

The
Inspector General of the Peace Corps shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the House of Representatives and
Committee on Foreign Relations and the Committee on Appropriations of the
Senate the following:

(1)

A biennial report
on reports received from volunteers relating to misconduct, mismanagement, or
policy violations of Peace Corps staff, any breaches of the confidentiality of
volunteers, and any actions taken to assure the safety of volunteers who
provide such reports.

(2)

A report, not later than two years after
the date of the enactment of this section and every five years thereafter,
evaluating the effectiveness and implementation of the assault risk-reduction
and response training developed under section 8A and the sexual assault
protocol and guidelines developed under section 8B.

(3)

A trend analysis
every three years of the annual volunteer surveys, including actions taken in
response to such surveys.

(4)

A report, not
later than two years after the date of the enactment of this section,
describing how Country Directors are hired, how Country Directors are
terminated, and how Country Directors hire staff.

(d)

Evaluation
defined

For purposes of this
section, the term evaluation means the systematic collection and
analysis of information about the characteristics and outcomes of programs and
projects as a basis for judgments, to improve effectiveness, or inform
decisions about current and future programming.

8F.

Nondisclosure of confidential or
private information

(a)

In
general

The Director of the Peace Corps shall establish and
maintain a process to allow volunteers to report incidents of assault,
incidents of misconduct or mismanagement, or violations of any policy, of the
Peace Corps in order to protect the confidentiality in accordance with
subsection (c) and safety of such volunteers and of the information reported,
and to ensure that such information is acted on appropriately. The Director of
the Peace Corps shall train all volunteers and staff about this process.

(b)

Guidance

The
Director of the Peace Corps shall provide guidance to officers and employees of
the Peace Corps who have access to the information reported by volunteers under
subsection (a) in order to protect against the inappropriate disclosure of such
information and ensure the safety of such volunteers.

(c)

Nondisclosure

(1)

In
general

Except as provided in
paragraphs (1) and (2), the Director of the Peace Corps may not—

(A)

disclose any personally identifying
information or personal information of a volunteer who is a victim of assault
collected in connection with services requested, utilized, or denied through
Peace Corps programs; or

(B)

reveal such information without the
informed, purpose-limited, and reasonably time-limited consent of such
volunteer about whom such information is sought.

(2)

Release

If
the release of information described in paragraph (1) is authorized by statute
or compelled by court order, the Director of the Peace Corps shall—

(A)

make reasonable
attempts to provide notice to the volunteer with respect to whom such
information is being released; and

(B)

take such action
as is necessary to protect the privacy and safety of such volunteer.

(3)

Information
sharing

The Director of the Peace Corps may share—

(A)

nonpersonally identifying information in
the aggregate regarding services to volunteers and nonpersonally identifying
demographic information in order to comply with reporting, evaluation, or data
collection requirements;

(B)

nonpersonally
indentifying information that would protect the safety of volunteers;

law enforcement- and prosecution-generated
information necessary for law enforcement and prosecution purposes.

(d)

Definition

In
this section, the terms personally identifying information and
personal information mean information for or about a volunteer
who is a victim of assault, including information likely to disclose the
location of such victim, including the following:

Any other
information, including date of birth, racial or ethnic background, or religious
affiliation, that, in combination with paragraphs (1) through (4), would serve
to identify such victim.

8G.

Reporting
requirements

(a)

In
general

The Director of the Peace Corps shall annually submit to
the Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate a report summarizing information
on—

(1)

sexual assault against
volunteers;

(2)

assault against volunteers;
and

(3)

the annual rate of early termination
of volunteers, including, to the maximum extent practicable, demographic data
associated with such early termination.

(b)

GAO

Not later than
one year after the date of the enactment of this section, the Comptroller
General of the United States shall submit to the Committee on Foreign Affairs
and the Committee on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Appropriations of the
Senate a report evaluating the quality and accessibility of health care
provided through the Department of Labor to returned volunteers upon their
separation from the Peace Corps.

(c)

Access to communications

(1)

In general

The Director of the Peace Corps, in
coordination with all Country Directors, shall determine the level of access to
communication, including cellular and Internet access, of each
volunteer.

(2)

Report

Not later than six months after the date of
the enactment of this section, the Director of the Peace Corps shall submit to
the Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate a report on the costs of providing
all volunteers with access to adequate communication, including cellular
service and Internet access.

(d)

Report on monitoring and
evaluation

Not later than one
year after the date of the enactment of this section and annually thereafter,
the Director of the Peace Corps shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on Appropriations of the
Senate a report on the monitoring and evaluation of Peace Corps programs and
Country Directors, including information on the following:

(1)

A description of the monitoring and
evaluation activities conducted in the preceding year.

(2)

A forecast of the monitoring and
evaluation activities planned for the subsequent year.

(3)

A description of the ways in which
the results of the monitoring and evaluation activities have informed the
design and operation of development policies and programs during the preceding
year.

.

3.

Conforming
amendments

(a)

Inclusion of
sexual assault risk-Reduction and response training

The Peace Corps Act is amended—

(1)

in section 5(a)
(22 U.S.C. 2504(a)), in the second sentence, by inserting (including
training under section 8A) after training; and

(2)

in section 8(a)
(22 U.S.C. 2507(a)), in the first sentence, by inserting , including
training under section 8A, after training.

(b)

Certain
services

Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e))
is amended, in the first sentence—

(1)

by inserting
(including, if necessary, for such volunteers and for trainees, services
under section 8C) after health care; and

(2)

by inserting
including services provided in accordance with section 8C (except that
the six-month limitation shall not apply in the case of such services)
before as the President.